The applicant brought a motion to strike the respondent's pleadings due to his failure to comply with numerous court orders regarding spousal support, costs, and financial disclosure.
The respondent claimed impecuniosity, which the court rejected, finding he had significant equity in the former matrimonial home and led a lavish lifestyle.
The court held that the respondent's non-compliance was wilful.
Recognizing that striking pleadings is a remedy of last resort, the court ordered the respondent to pay all outstanding costs and spousal support arrears within 150 days, failing which the applicant was granted leave to renew her motion to strike his pleadings and proceed to an uncontested trial.
